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Posted by: Tanja Trezise on May 11, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Dawn Deaner, District Public Defender; Emma Rae Tennent (on appeal) and Chase T. Smith (at trial), Assistant District Public Defenders, Nashville, Tennessee, for the appellant, Devaries M. Locke.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Meredith DeVault, Senior Counsel; Victor S. Johnson, III, District Attorney General; and Jennifer McMillen, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): PAGE

A Davidson County jury found appellant, Devaries M. Locke, guilty of possession of a firearm. The parties stipulated to his status as a felon, but the jury was not so informed. As a result of the jury’s decision and the stipulation, appellant was convicted of being a convicted felon in possession of a firearm, a Class E felony. The trial court sentenced him as a Range II, multiple offender, to three years of split confinement with one year to serve followed by two years of supervised probation. On appeal, appellant challenges the sufficiency of the evidence to support his conviction and argues that his sentence is excessive. After reviewing the record, the parties’ briefs, and the applicable law, we affirm the judgments of the trial court.